This archive report was first published on 3 October 2021.
On October 3, 2021, a court ruled that T/A Kithure Kindiki & Associates, a law firm associated with Tharaka-Nithi Senator Professor Kithure Kindiki, had violated the rights of one of their employees, Josephine Mokaya.
Ms Mokaya, a young lawyer, was being forced to go on unpaid maternity leave after informing her employer of her pregnancy. Upon refusal, the employer opted to end her employment on redundancy grounds.
According to court documents, Ms Mokaya joined the firm as a pupil on June 2, 2015, and was retained by the firm on January 1, 2016, after being admitted to the bar. She served on a contractual basis and her last contract was renewed on December 29, 2017, for a period of one year commencing on January 1, 2018, and was to end on December 31, 2018. She earned a monthly salary of Kshs.92,149.
On January 26, 2018, Ms Mokaya informed her employer that she was pregnant and that she intended to proceed for her maternity leave from March 5, 2018, to June 5, 2018. The leave was approved, but to her surprise, the approval was withdrawn with no sufficient reason explanation.
Ms Mokaya was then informed by the law firm that she should forfeit any payment and benefits due to her while on maternity leave before the leave could subsequently be authorized. She refused the unlawful demands saying she was entitled to all payments and benefits due to her while on maternity leave.
On March 1, 2018, the petitioner received a letter of termination in which the reason for the termination was stated as 'a long spell of financial constraints.'
It was noted in court that there had been no prior notice that the firm was facing financial hardships/constraints and that some of its employees would be declared redundant; there had been no notice to the labour office on the purported redundancy and there was no criteria used that led to the selection of Ms Mokaya as the employee to be declared redundant other than the fact of her pregnancy.
According to the ruling, Professor Kithure Kindiki himself presided over the whole mess with utmost arrogance and impunity.
Judge Mathews Nduma awarded Ms Mokaya a total of Sh2,274,051.60.
